[Cites 1, Cited by 0]
Bombay High Court
Aslam Sayyad Nabab vs Mrs .Mariyambi Shaikh Kadar on 10 February, 2026
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2026:BHC-AS:6935
502-WP-11525-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11525 OF 2024
WITH
INTERIM APPLICATION NO. 11874 OF 2024
(for Stay)
IN
Digitally
signed by
SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
WRIT PETITION NO. 11525 OF 2024
TALEKAR Date:
2026.02.10
20:26:44
+0530 1. Aslam Sayad Nabab
2. Rashid Sayyad Nabab ...Petitioners
Versus
1. Mrs. Mariyambi Shaikh Kadar
2. Mrs. Umrabi Shaikh Kadar
3. Sau. Kamrunnisa Yusuf Pathan
4. Sau. Meharunnisa Abdul Majid ...Respondents
Mr. Ratan Adhe i/b Santosh R. Gangawane, for Petitioners.
None for Respondents.
CORAM : MADHAV J. JAMDAR, J.
Date : 10th February, 2026
PC:
1. Mr. Ratan Adhe, learned Counsel appearing for the
Petitioners, after arguing the matter for some time, as the Court was not
inclined to grant the relief as prayed, seeks withdrawal of the writ
petition. Learned Counsel submits that the Petitioners be granted time
of one year to vacate the suit premises.
10th February, 2026
Shraddha
502-WP-11525-2024.doc
2. Accordingly, the following order is passed :
a) The Writ Petition is allowed to be withdrawn and
dismissed as such.
b) The Petitioners are granted time upto 28 th February,
2027 to vacate the suit premises, on the condition that
both the Petitioners and all other adult family
members shall file undertaking in this Court within
four weeks from today giving undertaking to this
Court that on or before 28th February, 2027, they will
vacate the suit premises. The statement to that effect
made by Mr.Adhe, Learned Counsel of the Petitioners,
on instructions, is accepted as undertaking given to
the Court.
c) The Petitioners shall pay to the Respondents an
amount of Rs. 3,926/- per month till vacating the suit
premises. The said amount is to be paid on or before
15th of each month. First such payment is to be made
by the Petitioners on or before 15th February, 2026. It
10th February, 2026
Shraddha
502-WP-11525-2024.doc
is clarified that the said payment is without prejudice
to the rights and contentions of both the parties.
d) It is made clear that if the Petitioners fail to vacate the
suit premises by 28th February, 2027, in that event, the
Court Receiver, High Court, Bombay shall stand
appointed forthwith with all the powers under Order
XL of the Code of Civil Procedure, 1908.
e) The Court Receiver shall take possession of the suit
premises and hand over the same to the Respondents,
if the Petitioners fail to vacate the suit premises on or
before 28th February, 2027.
f) The initial charges of the Court Receiver shall be
deposited by the Respondents and the same to be
recovered from the Petitioners. If required the Court
Receiver is permitted to take police protection.
3. It is made further clear that in case, the Petitioners fail to
vacate the suit premises on or before 28 th February, 2027, then in that
10th February, 2026
Shraddha
502-WP-11525-2024.doc
event, they will be liable to be prosecuted for contempt of the Court for
breaching the undertaking given to this Court.
4. As this order is passed without issuing notice to the
Respondents, liberty is granted to the Respondents to file Interim
Application seeking modification of this order.
5. Accordingly, the Writ Petition is dismissed as withdrawn
subject to above.
[ MADHAV J. JAMDAR, J.]
10th February, 2026
Shraddha
